0169 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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crime he accompanied Mary Phagan from a point on Bellwood Ave.,
to the center of the City of Atlanta, by showing that on April
27th at the house of Epps, he asked George, together with his
sister, when was the last time they saw Mary Phagan. In reply,
the sister of Epps said she had seen Mary on the previous
Thursday, but the witness Epps said nothing about having come to
town with Mary Phagan the day of the murder but did say he had
ridden to town with her in the mornings of other days occasionally

Upon cross examination, over the objection of defendant's
counsel made when the cross examination was offered, that the
same was irrelevant, immaterial, incompetent, prejudicial to
the defendant, and not binding on the defendant, the witness was
allowed to testify that he went to the house of Epps in his capa
city of reporter; that one Cofline was the City Editor and that
the witness was under him and that Cofline was a constant visitor
of Frank at the jail.

The Court admitted this testimony over the objections aforesaid
and in doing so erred. There was no evidence of any relation-
ship between Frank and Cofline which could show any prejudice or
bias in Frank's favor, even by Cofline and certainly none on the
part of the witness Miner.

30. Because the Court erred in permitting the witness Schiff
to testify over the objection of defendant made at the time the
testimony was offered that the same was incompetent, irrelevant
and immaterial, that it was not Frank's custom to make engage-
ment Friday for Saturday evening, then go off and leave the finan-
cial sheet that had to be over at Montag's Monday morning not
touched.

The Court permitted this testimony over the objection of
defendant and therein erred, for the reasons stated.

This was prejudicial, because it was the contention of the
State that Frank, contrary to his usual custom, made an engage-
ment on Friday before the crime to go to the baseball game on
Saturday afternoon, leaving the financial sheet unfinished, although
such sheet ought to have been prepared on Saturday and sent to
Montag's to the General Manager of the factory on Monday. The
only material issue was what took place Friday and Saturday and